Ill. Admin. Code tit. 62 § 100.30

Current through Register Vol. 48, No. 50, December 13, 2024

Section 100.30 - Right to Counsel, Appearance, Substitution of Parties

a) Right to Counsel

1) Any party may appear and be heard through an attorney at law authorized to practice in the State of Illinois. In any proceeding before the Board:

A) Attorneys admitted to practice in States other than the State of Illinois may appear and be heard by special leave of the Board;

B) A natural person may appear and be heard on his own behalf; and

C) A corporation or association may appear and present evidence by a bona-fide officer, employee, or representative.

2) Only a person admitted to practice as an attorney at law shall represent anyone else in any proceeding before the Board in any matter involving the exercise of legal skill or knowledge. All persons appearing in proceedings before the Board shall conform to the standards of conduct of attorneys before the courts of the State of Illinois. If a person does not conform to such standards, the Board may decline to permit such person to appear in any proceeding or may exclude such person.

b) Appearance of Attorney

An attorney appearing in a representative capacity in any proceeding hereunder shall file a written notice of appearance identifying himself by name, address and telephone number, and identifying the party represented.

c) Adjudicatory Proceedings - Special Appearance

Prior to filing any other pleading or motion, a special appearance may be made either in person or by attorney for the limited purpose of objecting to the jurisdiction of either the Department or the Board. Every appearance not expressly designated a special appearance shall be deemed to be a general appearance. If the reasons for objecting to jurisdiction are not apparent from the papers on file in the proceeding, the special appearance shall be supported by affidavit setting forth the reasons. In ruling upon any objection at any proceeding, the Board may consider all matters apparent from the papers on file, affidavits submitted by any party, and any other evidence adduced upon disputed issues of fact. No determination of any issue of fact in connection with the objection is a determination of the merits of the case or any aspect thereof. A ruling adverse to the objector does not preclude him from making any motion or defense which he might otherwise have made. If the Board sustains the objection, an appropriate order shall be entered of record. Error in ruling against the objection is not waived by the objector's taking part in further proceedings in the matter.

d) Adjudicatory Proceedings - Substitution of Parties

The Board may, upon motion when proper, order a substitution of parties.

Ill. Admin. Code tit. 62, § 100.30